beta
(영문) 부산지방법원 2014.11.07 2013가단71896

예금반환

Text

1. The Defendant’s KRW 35,00,000 and the Plaintiff’s annual rate of KRW 5% from August 31, 2013 to November 7, 2014.

Reasons

1. Facts of recognition;

A. On July 3, 2008, the Plaintiff opened a deposit account (Account Number D, hereinafter “instant first account”) with the Defendant on the recommendation of the Defendant’s managing director, and started deposit transactions.

The defendant is a non-profit corporation that mainly performs the business of receiving deposits and installment savings from members and lending funds to members after having been established pursuant to the Community Credit Cooperatives Act as its business area of Busan E.

B. C opened a deposit account (Account F; hereinafter “instant Second Account”) in the name of the Plaintiff on January 26, 2010, using the Plaintiff’s seal imprint certificate issued by the Plaintiff to deal with the Plaintiff’s inheritance or repayment of loans.

C. The Plaintiff transferred KRW 10 million from its national bank account from November 22, 2012 to the second account of this case upon C’s request from C for the settlement of accounts, and KRW 30 million on November 26, 201 through the Internet banking method.

In the process, the plaintiff terminated the sex life insurance and raised funds, and from C, the second account in the name of the plaintiff is required to deposit the virtual account in the name of the plaintiff.

On the other hand, on November 22, 2012, C arbitrarily changed the password of the instant first account without the Plaintiff’s permission, and transferred KRW 10 million to the instant second account using the password.

E. C above:

subsections and d.

As stated in Paragraph 2, the money deposited in the second account of this case was used to pay his own debt at his own discretion.

F. From 202 to 2012, C was convicted on December 5, 2013 of imprisonment with prison labor for a period of five years (2013No517 of Busan High Court) and is currently serving in the back of the year, which became final and conclusive by having committed embezzlement and breach of trust (a total of KRW 3 billion) by omitting the payment of loans from customers, withdrawing deposits from customers, lending funds under the name of others, and increasing loans from customers applying for loans, etc.

[Ground of recognition] The fact that there is no dispute, A1.